Legal Opinion

Stone v. Stone

California Supreme Court

Decided July 1, 1861PublishedCited by 2 opinions

Appeal from the Fifth District. Suit for divorce and division of common property. The cause, being at issue, defendant moved the Court for a change of venue, plaintiff opposing the motion, which was granted. Subsequently, plaintiff moved for alimony and allowance for counsel fees. Motion denied, and plaintiff moved for an injunction restraining the alienation of the common property pendente lite.

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Appeal from the Fifth District. Suit for divorce and division of common property. The cause, being at issue, defendant moved the Court for a change of venue, plaintiff opposing the motion, which was granted. Subsequently, plaintiff moved for alimony and allowance for counsel fees. Motion denied, and plaintiff moved for an injunction restraining the alienation of the common property pendente lite. This motion being denied, plaintiff moved for continuance, which was denied, and the cause, being called for trial, was, on motion of defendant, dismissed with costs. These several motions were made…

1Opinion of the CourtField, C. J.

Baldwin, J. concurring.

*514The transcript in this case consists of the pleadings, several affidavits, and memoranda of exceptions taken in the progress of the cause, and signed by the Judge. These memoranda state that certain motions were made on the one side upon affidavits, and resisted on the other, and the rulings of the Court and the exceptions of counsel. There is nothing in them which identifies the affidavits in the transcript as those upon which the motions were made, or which enables us to determine the correctness of the several rulings of the Court. Orders cannot be brought up for…

2Cases cited1 opinion

  1. Paine v. LinhillCalifornia Supreme Court · 1858

3Cited by2 opinions

  1. Granite Mountain Mining Co. v. WeinsteinMontana Supreme Court · 1888
  2. E. Reinhart & Co. v. Company DNevada Supreme Court · 1897

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